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Bermuda to update e-commerce laws

Business Development and Tourism Minister Patrice Minors

Government plans to update e-commerce laws to ensure that they keep pace with technological advances.

Business Development and Tourism Minister Patrice Minors told MPs in the House of Assembly on Friday that the new laws will seek to provide a better legal framework with regard to functions such as electronic signatures and digital certificates.

She said the aim was “not only to strengthen our already existing legislation, but to also ensure that Bermuda remains a competitive jurisdiction with respect to conducting business electronically”.

Ms Minors also stated that her Ministry is open to suggestions from the public and the business community on the Electronic Transactions Act 1999.

A five-week consultation process will take place from November 29 to December 31.

Ms Minors said the Act had been introduced to ensure that information should not be denied legal effect, solely on the ground that it is in the form of an electronic record, with added electronic communications security provisions.

Ms Minors said: “It is now over ten years since the ETA was passed.

“While the Department of E-Commerce has not received any feedback suggesting that the ETA is outdated, there have been a great many technological changes during that time.

“With this in mind, it was felt that it was time to review the ETA and its supporting regulations. As a part of the Department of E-Commerce’s internal review of the legislation, it was believed prudent to seek external comment from ETA stakeholders.”

Ms Minors officially launched the consultation period at a press conference last Wednesday.

An E-Commerce Advisory Board has been consulted for recommendations and the resulting consultation document will be the basis for public discussion.

“The document applies to e-commerce service providers and it has been suggested that it be amended to update its contents, correcting some anomalies that have arisen as a result of changes in the use of technology,” Ms Minors added.

“The Department of E-Commerce encourages all suggestions regarding any potential changes to the ETA. It also wishes to hear from interested parties with regard to any potential opportunities and/or challenges that might exist for the IT, E-Commerce and E-Business sectors.”

Anyone wishing to add their views can do so in a response form, available at www.gov.bm or at the front desk of the Department of E-Commerce. A summary of responses will be published on the Government website.

The consultation will include a public meeting on Monday, December 6, from 5.30pm to 7.30pm at the Bermuda Chamber of Commerce.

An additional session will be held for business and technology industry representatives on Thursday, December 2, from 1.30pm to 3pm at the Bermuda Chamber of Commerce.

Ms Minors said the Department of E-Commerce would collate all responses and deliver its recommendations to her.

Following ministerial approval, a Cabinet memorandum will be drafted. This will be submitted to Cabinet for consideration and, if approved, drafting instructions will be prepared for submission to the Attorney General’s office.